Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of subsequent suit - Partition suit - Earlier suit for partition was filed against father of plaintiff and a compromise decree was passed in such suit - However, plaintiff was not party to such suit and compromise in said suit was not recorded after complying with O.23.R.3-B CPC - Even, no share was..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of subsequent suit - Partition suit - Earlier suit for partition was filed against father of plaintiff and a compromise decree was passed in such suit - However, plaintiff was not party to such suit and compromise in said suit was not recorded after complying with O.23.R.3-B CPC - Even, no share was..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Mere fact that custodial interrogation is not required that by itself may not be a ground to release an accused on anticipatory bail if offences are of a serious nature...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Mere assertion on the part of State while opposing plea for anticipatory bail that custodial interrogation is required would not be sufficient - State would have to show or indicate more than prima facie why custodial interrogation of accused is required for the purpose of investigation...........
Civil Procedure Code, 1908, Section 2(11) -- Legal representative (LR) - LRs of a deceased are liable only to the extent of estate which they inherit...........
Civil Procedure Code, 1908, Section 50 -- Legal representative (LR) - Death of JD - Any decree which is relatable to the extent of property of deceased which has come to the hands of LRs and has not been duly disposed of, same would be liable for execution by a DH so as to compel LRs to satisfy decree - Even the decree for preventive injunction can also be executed against..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - No sufficient ground to summon the opposite parties for trial with co-accused - Trial Court while rejecting the application u/s 319 Cr.P.C discussed the evidence on record and gave reasons while arriving at the conclusion - Application rightly rejected...........
Criminal Procedure Code, 1973, Section 482 -- Stay granted by High Court in an application u/s 482 Cr.P.C. - Interim order will operate till such time the High Court vacates/varies the said order...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Compromise - Complainant an injured victim who was not a party to settlement agreement and nor was agreeable to such course of action - Order of quashing FIR set aside...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - FIR has been lodged after due deliberation and at the instigation of inimical parties in the village - No direct evidence or eye witness of the incident - Chain of incriminating circumstances against accused not complete - Accused was not last seen in the company of deceased..........
